Help bad contractor

[yareli]

What is the name of your state (only U.S. law)? California

My dad is a 70 year old man he lives in one of my sisters house which has a flat roof they wanted to change the type of roof, my sister and her husband work so they asked my dad to look for some one to help for them, my dad found a licensed contractor and made a written contract with him he said he would finish the job in 3 days and he was gonna charge him $8000 but he would start of with $2000 they went to the city to ask about the permits and my dad not knowing much English he let this person ask about it this person told him that they said he could do what ever he wanted in the property and at the end go and get an inspector to check and pay a $400 fee, later on we found out that was a lie and the guy had already started the job he had taken of one of the layers from the top and had already taken down all the sides and nailing some of the woods for the frame so my dad told him to stop undue what he had done cause he was gonna go to the city to get a permit the guy took down the wood he had nailed and left but the roof now had holes all over and the guy didn't even care for covering up the wood he had bought or the holes in the roof so a few days later it rained all the water went inside the house getting everything wet now the house and beds etc etc smell awful the wood he had left uncovered got wet too, and now that my dad told him he wanted new wood cause the one he had was no good anymore the guy says he wont do the job anymore and he does not want to give the money back what can we do about it if anyone could help us we would appreciate it a lot.

 

[OHRoadwarrior]

I don't see what you are asking. The contractor scheduled the job and started it. Dad decided he did not like the way contractor was proceeding and told him stop and undue your work. Contractor complied. As dad interrupted job, contractor moved on to next job. I suggest dad use better judgement and clean up his mess.

 

[yareli]

The question is what can we do about it my dad is not breaking the contract the guy is, he is the one that made all this mess, my dads mistake was trusting a person like that, what about the mess they are living in now that everything got wet TV's computers, clothes, everything, my dad was only asking for the guy to change the wood that got wet that is no good anymore, what about the money he wont give back?

this is a very good forum iv been a member for quite a while iv given advise on issues that i know, and received help on issues that iv needed help on, this is what this free forum is about helping people that need it right?, not about making people that already are feeling like crap feel worst right? i would really appreciate help from someone who wont get offended or mad for a simple cry of help thank you

 

[Banned_Princess]

The question is what can we do about it my dad is not breaking the contract the guy is,

I did not see anywhere the guy broke the contract. was the permits being secured by contactor part of the contract?

he is the one that made all this mess, my dads mistake was trusting a person like that, what about the mess they are living in now that everything got wet TV's computers, clothes, everything, my dad was only asking for the guy to change the wood that got wet that is no good anymore, what about the money he wont give back?

I'm sure the contract states deposits are non refundable. and your dad litterally stoped him and told him to take down what e had done. the contractor didnt have to do this, and why didnt you mitigate your water amage by getting up there and at least putting some cover over the roof.

this is a very good forum iv been a member for quite a while iv given advise on issues that i know, and received help on issues that iv needed help on, this is what this free forum is about helping people that need it right?, not about making people that already are feeling like crap feel worst right?

depends on the situation.

i would really appreciate help from someone who wont get offended or mad for a simple cry of help thank you

get the permit and let the guy get back to work.

 

[yareli]

No the contract doesn't state that deposits are not refundable, and my dad tried to get him back to work with a permit but now that it will be with inspection the guy wont do it isn't that breaking a contract?, and he still wont return the $2000

 

[OHRoadwarrior]

You were asked what the contract said regarding permits.

 

[yareli]

yes, but he lied about what the city had said when they went to get the permit, he practically said he didn't need one even though it is stated

 

[OHRoadwarrior]

yes, but he lied about what the city had said when they went to get the permit, he practically said he didn't need one even though it is stated

Yes what? Type exactly what the contract says about permits.

 

[yareli]

i don't have the contract with me but what i read from it says the name and license# of the contractor and its states that he is being hired by my dad to do the roof of the house to be finished in 3 days with legal authorization by the city for the price of $8000 getting a $2000 advance, and it also states if contract were to be breached by contractor he would give the advance back and if it would be breached by my dad the contractor keeps the advance.
And like i said he doesn't want to do the job now or give the money back

 

[OHRoadwarrior]

You are unlikely to find anyone here, speculating on what you remember, from having read the contract.

 

[John_DFW]

If the county requires a permit for this type of work, a permit is required even if the contract is silent regarding the permit. If permit is required, the contract specifically stating no permit will be obtained is an illegal clause and unenforcable.

Typically the first payment up front covers material.

Send crr to obtain permit and complete work.

Notify building inspection that work was started without the necessary contract and provide them with a copy of the contract.

If that fails, file in small claims court.

 

[yareli]

You know something Mr. OHRoadwarrior, iv been checking your other post and there is not one of them where you are not attacking the people, there is an old saying, speaks only when words are wiser than silence, maybe you should do that.

There is a lot of smart and helpful people in this forum i know cause iv been helped by them they know how to help people in need of advise you just like to sound smart and there is a big difference between being smart and a smart ass

 

[yareli]

If the county requires a permit for this type of work, a permit is required even if the contract is silent regarding the permit. If permit is required, the contract specifically stating no permit will be obtained is an illegal clause and unenforcable.

Typically the first payment up front covers material.

Send crr to obtain permit and complete work.

Notify building inspection that work was started without the necessary contract and provide them with a copy of the contract.

If that fails, file in small claims court.

Thank you very very much for the help, this is what im talking about helpful people in this forum

 

[John_DFW]

A contractor failing to obtain a permit and refusing to work under one that would require an inspection should raise red flags.

 

[yareli]

A contractor failing to obtain a permit and refusing to work under one that would require a permit should raise red flags.

I know but my dad is 70 years old we shouldn't of left him on his own, that's why im trying to find him some kind of help.
thank you very much